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HomeMy WebLinkAbout2018-07-31 MINUTES OF COUNCIL JULY 31, 2018 The Batesville City Council met in regular session on July 31 at 5:30 pm at the Municipal Building. Mayor Rick Elumbaugh presided over the meeting. Councilmember Matthews gave the invocation. Upon roll call, the following Councilmembers answered present; Tommy Bryant, Margaret Henley, Julie Hinkle, Doug Matthews, Chris Poole and David Shetron. Also present were the City Clerk Denise Johnston and City Attorney Tim Meitzen. Councilmember Paige Hubbard was absent. Councilmember Bryant moved to approve the minutes from the previous meeting. Councilmember Hinkle seconded and all voted for. Councilmember Bryant moved to approve the prepared agenda. Councilmember Henley seconded and all voted for. CITIZENS COMMENTS Mr. Larry Guenzel and Mr. Jerry Osborne, pensioners with the Firemen's Pension and Relief Fund addressed the council. Mr. Guenzel read a prepared statement reiterating the pensioners position in asking the city for financial help for their underfunded pension plan. UNFINISHED BUSINESS A) THIRD READING OF AN ORDINANCE TO REFER TO THE VOTERS WHETHER TO CHANGE TERMS OF THE CITY COUNCIL MEMBERS Mayor Elumbaugh said the ordinance before them was for the third and final reading of an ordinance to refer to the voters whether to change the terms of the city council members. Councilmember Bryant moved to read the ordinance by title only. Councilmember Henley seconded and the electronic vote was 5 for and 1 (Matthews) against. With the motion failing, Mr. Meitzen read the ordinance in full. Councilmember Bryant moved to adopt the ordinance and Councilmember Shetron seconded. The electronic vote was 6 for and 0 against. The ordinance was given #2018-07-01. Mr. Meitzen read the emergency clause. Councilmember Bryant moved to adopt the emergency clause and Councilmember Shetron seconded. The electronic vote was 6 for and 0 against. NEW BUSINESS A) PRESENTATION TO DR. CHRIS BELLER Mayor Elumbaugh presented Dr. Chris Beller with a plaque of appreciation for his four plus years as serving on the Batesville City Council. The Mayor said Dr. Beller was instrumental in helping to moved Batesville forward and continuing the work of his parents, Dr. Bill and Peggy Beller, who also were always willing to help in any way possible for the growth of Batesville. Upon accepting his plaque, Dr. Beller said it had been an honor serving on the council and the work of the council could not be done without the employees of our city. The boots on the ground and the day to day operations carried out by our employees makes Batesville a great place to live. Dr. Beller thanked the Mayor for mentioning his parents and said again he was thankful for the time he served on the council. B) CONSIDER A RESOLUTION TO FINANCE THE PURCHASE OF NEW RESIDENTIAL GARBAGE CANS WITH BANCORPSOUTH EQUIPMENT FINANCE Councilmember Bryant introduced a resolution to finance the recently distributed residential trash containers with BanCorpSouth Equipment Finance. Councilmember Matthew moved to read the resolution by title only. Councilmember Bryant seconded and the electronic vote was 6 for and 0 against. Mr. Meitzen read the resolution by title only. Councilmember Bryant moved to adopt the resolution and Councilmember Henley seconded and the electronic vote was 6 for and 0 against. The resolution was given #2018-07-03-R. C) CONSIDER AN ORDINANCE LIMITING THE OPERATING HOURS OF BARS, NIGHTCLUBS AND PRIVATE CLUBS Councilmember Bryant introduced an ordinance to limit the operating hours of bars, nightclubs and private clubs. Police Chief Alan Cockrill addressed the council concerning the ordinance. Chief Cockrill said when a private club requests a license from the Alcohol Beverage Control Board to serve alcohol, if approved the ABC Board sets a maximum operating hour. He said the hours vary and as far as Batesville is concerned and only one establishment, The Duck Blind, has late hours permitted which is 5:00 a.m. The proposed ordinance makes the maximum closing time for all establishments serving alcohol to 1:00 a.m. The Chief said when the private clubs stay open longer than 1:00 a.m., the patrons simply drink more and get into more trouble. Chief Cockrill said passing this ordinance will ensure the safety for the patrons, employee of these private clubs, the citizens of our county and his police department. Mr. Meitzen read the ordinance in full. Councilmember Bryant moved to suspend the rules waive the second and third readings. Councilmember Henley seconded and the electronic vote was 6 for and 0 against. In further discussion, Councilmember Henley asked how did we, the City of Batesville, get so many private clubs. Chief Cockrill explained that once the ABC Board sets the criteria for being a private club, it opened the door for basically any restaurant to apply for a private club status and to serve alcohol. He did say the law recently changed and anyone wanting an alcohol license now must go before the city council to get approval before the ABC Board will consider their request. However, he said the council has to use the same criteria that the ABC Board uses and there are appeal processes for denials. Councilmember Bryant moved to adopt the ordinance. Councilmember Hinkle seconded. The electronic vote was 6 for and 0 against. The ordinance was given #2018-07-02. Mr. Meitzen read the emergency clause and Councilmember Bryant moved to adopt the emergency clause. Councilmember Hinkle seconded. The electronic vote was 6 for and 0 against. D) COUNTY JUDGE ROBERT GRIFFIN TO DISCUSS RECYCLING Independence County Judge Robert Griffin addressed the council, on the Mayor's request, to discuss recycling. The judge gave the council a prepared statement along with State Statutes outlining the duties for the county and the city regarding recycling. In 1997 the county and city entered into an interlocal agreement for recycling services. Judge Griffin said the recycling program has never made a profit. The Judge said through the years the recycling program has used the Community Service (CS) program which allows trustee inmates to pay off fines while working for the county and the city. He said the recent decision to discontinue the residential curbside recycling for 60 days is due to the lack of CS workers. He said he has offered recycling trailers to each city and town for those that want to continue the residential service. Oil Trough, Newark, Magness and Sulphur Rock are going to use the county's trailers and continue curbside pick-up of recycled materials. He said Southside, Pleasant Plains and Cushman had decided to place trailers in convenient locations for their citizens who wish to recycle. Moorefield and Batesville have not contacted the Judge with their decisions. Councilmember Shetron told the Judge that the recycling program is a flawed system that only holds our citizens to a debt that is nearly impossible to pay. Mr. Shetron asked the question are the CS workers really "free" labor. When asked if there is a chance the county will go back to curbside collections, the Judge said not for the City of Batesville without city contributions. Councilmember Poole stated that 50% of the recycling goods come from within the city limits of Batesville and the Judge said the program needed to have the recyclables from the Batesville residents and businesses. Mr. Poole said if the city started collecting curbside recyclables and taking them to the recycling center for processing, should the city not receive a portion of the funds derived from our citizens recycling. Mr. Shetron said he would like to meet as a committee and discuss the best solution for Batesville. The council agreed and Mr. Poole asked for an accounting of the revenues and expenditures of the center. Judge Griffin said he would oblige. E) EXECUTIVE SESSION Councilmember Bryant moved to go into executive session and Councilmember Henley seconded. All voted for. Upon returning from executive, Mayor Elumbaugh said they were considering the appointment to the council to fill Dr. Beller's term. The Mayor said they had 4 very qualified applicants and the decision was not an easy one. Councilmember Matthews moved to appoint Ms. Ronda Bryant. Councilmember Poole seconded and all voted for. F) REVIEW OF THE MAY AND JUNE, 2018 FINANCIAL STATEMENTS The council was given a copy of the May and June financial statements for review. MAYOR COMMENTS Mayor Elumbaugh said due Dr. Beller moving out of the city, he also had to resign his position on the A & P Commission and the Parks and Recreation Commission. The Mayor said he had visited with Councilmember Hinkle about replacing Dr. Beller on the A & P Commission. Councilmember Bryant moved to appoint Ms. Hinkle to the A & P Commission to the remaining term of Dr. Beller. Councilmember Poole seconded and all voted for. The Mayor said he would welcome applications from the public to fill the position on the Parks and Recreation Commission. The Mayor also reminded everyone that school starts back August 14th so please be aware of the increased traffic and children walking to school. LIAISON REPORTS None COUNCIL COMMENTS None ADJOURNMENT There being no more business, Councilmember Bryant moved that the meeting be adjourned. Councilmember Henley seconded and all voted for. RICK ELUMBAUGH, MAYOR DENISE M. JOHNSTON, CITY CLERK